Dear visitor, if you know the answer to this question, please post it. Thank you!

Note that this thread has not been updated in a long time, and its content might not be up-to-date anymore.

Leaving my Eikaiwa 2016/2/24 14:38
I am leaving my Eikaiwa on the end of my 2nd year contract (March 31), I got a job at a place within 5 km of the job I have now that starts April 5.

My boss gave me some papers including a (SEIYAKUSHO 誓約書) that said I cannot work at a place within 5 km of the place and if I do I will have to pay for any kids that leave to come to my new place. I didn't sign it, but they said I have to. My contract that I signed to work here says I cannot MAKE my own school within a 5 km radius of the place, which is differnet from what they are asking me to sign in the SEIYAKUSHO.

Another thing is my new job offers health insurance, but do I have to physically give back my health insurance card to my place of work now?

Thank you!
by donnysf  

Re: Leaving my Eikaiwa 2016/2/24 15:55
You will have to negotiate the "seiyakusho" bit with your boss - obviously you relied on the terms & conditions in your contract with the current employer when you looked for a different job, so changing that is not a good conduct on their part. You will need to negotiate it back to what your contract said.

I believe you need to return the health insurance card, particularly if it does not expire at the end of March.
by ... (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/2/24 16:23
Hi

I am wondering how such a pledge is valid.
Why not try to use a legal consultation of the free?
http://www.horitsu-sodan.jp/english/
by shige (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/2/24 16:28
Such consultation meetings have been held in various parts of the municipality. Please try to contact the nearby municipality.

https://translate.google.co.jp/translate?sl=ja&tl=en&js=y&prev=_t&hl=j...
by shige (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/2/24 22:46
Thank you,

I think I would only need legal counsel if they tried to sue me, right? But thanks for the links.

About the Health Insurance card, I thought I could keep it and it would just move to my new place? But I guess not. Thank you.

by donnysf rate this post as useful

Re: Leaving my Eikaiwa 2016/2/24 22:46
I think they have a reason.
here, you mentioned about opening a new school.
http://www.japan-guide.com/forum/quereadisplay.html?0+132145

about insurance card,
you can keep it until March 31, because it is valid until that date.
by ken (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/2/24 22:55
About insurance card, I understand it's valid until the day I quit but I have to get another card? I thought it would just become valid again once I started my new job.

About starting my own business, that's just a dream way on down the line :)

Thank you!
by donnysf rate this post as useful

Re: Leaving my Eikaiwa 2016/2/25 09:15
Legal consultation is often helpful so that a situation doesn't result in a lawsuit. A lawyer can tell you whether what your school is doing is legal, affirm your right to only be held to the terms set in your contract, and telling your school that you've consulted a lawyer may get them to back off and stick to your contract.
by Vita (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/2/25 10:50
the card is issued through the company. if you can read Japanese, the company name is printed on it. you have to return it and you will get a new card from a new employer.
if you keep it, it just means you want to use it after leaving the job.
generally, you are so suspicious about everything. you are making troubles by yourself.
by ken (guest) rate this post as useful

Re: Leaving my Eikaiwa 2016/3/2 09:24
You have no obligation to sign any non-compete agreements or the SEIYAKUSHO (which is effectively the same thing) unless you both (a) understand and (b) voluntarily agree to the terms.

For such a non-compete agreement to be valid, the eikaiwa that you are leaving you also have to offer you compensation for the hardship that non-compete agreement would cause you.

In this case, the hardships in question would relate to your right(s) to work for whomever you want to, as provided by Japan's Constitution, Civil Code, and Labor Standards Act.

This article highlights those laws: http://generalunion.org/Joomla/index.php/laws-and-rights/1376-illegal-...

***

In regards to compensation, that would be something akin to a generous severance package, or a pension fund - something of that nature.

Even if such an agreement existed and you signed it, it would only be valid for about a year, and it's unlikely that any "within X km" conditions would be upheld by a court.

***

As for any non-compete clauses in the contract you held with the eikaiwa, they are pretty much always entirely null and void as they are illegal under Japanese law.

***

Naturally, if you opened a new school and used resources and special techniques that only existed at the eikaiwa that you left, then the former company would have a case against you for theft of property and trade secrets.

However, it is doubtful that such techniques exist.

***

If you're still worried about it, it would be best to contact the General Union about this issue and seek their advice, as they deal with this kind of issue on an almost weekly basis.

www.generalunion.org
by Sakuya (guest) rate this post as useful

reply to this thread